Personal Injury Trial: What You Need to Know

When you suffer an injury due to another person's negligence, the logical step is to file a claim against the negligent party's insurance policy for compensation of your damages. Some insurance carriers will not settle with you for the amount you believe to be fair, and you can end up in court.

If you have never been through a trial before, you need to know what to expect so you can prepare. Here is some information on trials and how they work.

Jury Selection

One of first steps in a personal injury trial, if it is decided to be a trial by jury, is jury selection. People who receive a summons to report for jury duty are selected through a process called voir dire. The potential jurors will answer different questions to eliminate anyone with a bias that could impact the case. If either attorney perceives a juror to be biased, they each have the option to strike the potential juror.

This process is crucial for you as the plaintiff. For instance, if a potential juror works for an insurance company, you would not want him or her on your jury, as they can have a bias toward the defendant in your case.

The selection of the jury is a long process and can take up a large portion of the first day of your trial.

Attorney's Opening Statements

Once the jury is selected, each attorney will make opening statements. The opening statement is a brief overview of the facts of the case and the evidence for the jury. This is also a time for the attorneys to tell the jurors how they believe the case should turn out, including how much money your attorney believes you should receive.

The Trial

Once the opening statements are over, the bulk of the trial will begin. Your attorney will have you sit on the witness stand to explain the circumstances of your injury and why you believe the other party is responsible. When you tell your story, your lawyer will have you explain what the accident was, the type of injuries you have, and how the injuries have impacted your life.

Other witnesses will provide testimony as well. Your attorney can also call medical experts to expound on your injuries and how your quality of life is different. Other witness testimony may come from experts in your field of work who can explain why you will have difficulty when you search for sustainable employment.

The attorney for the insurance carrier will have the opportunity to cross examine all the witnesses, including you. After cross examination, your attorney can then ask questions to seek any clarification for the jury, if necessary.

This part of the trial can last for many days or even weeks, depending on how many witnesses are necessary.

Attorney's Closing Arguments

Once the witnesses have provided testimony, both attorneys will rest and provide a closing argument. Similar to the opening argument, each attorney will provide a summarization of the case and the witness testimony. At the same time, each attorney will attempt to persuade the jury as to how they should decide the case.

Jury Deliberation

The case will then go to the jury to decide. They will receive instructions on how they must apply the law when they decide on the outcome. Jurors cannot rely on their own experience, but must rely on the evidence from the trial. They will then take their time to review the evidence and reach a verdict.

A personal injury trial can be long and exhausting, and you take a chance on the results going in your favor. If you have any questions about a personal injury trial, please contact the Law Office of Randolph C. Slone.

When an Accident Worsens a Preexisting Medical Condition

Claiming compensation from an insurer following an automobile accident is seldom straightforward. Throw in a preexisting medical condition and your case becomes more complex, making it necessary to work with an experienced personal injury lawyer.

Here's what you need to know about your preexisting condition and seeking compensation from a negligent driver.

Preexisting Condition

A preexisting condition is an injury or medical condition that you have lived with prior to being an accident victim. Preexisting medical conditions may be symptomatic or asymptomatic.

A preexisting condition that does not present aggressive symptoms does not disqualify you from receiving due compensation after an auto accident.

Preexisting conditions that tend to worsen following an accident include neck, back, shoulder, and head injuries; arthritis; herniated and degenerated discs; and strains on other parts of the body.

Liability

In Louisiana, negligent parties are responsible only for the harm they cause and not for conditions in which they are not blameworthy. However, the driver at fault may be liable for the harm that a victim with a preexisting medical condition sustains.

Individuals with a preexisting condition are particularly vulnerable to additional harm and injury when they are involved in an accident. In such cases, the Eggshell Plaintiff Doctrine is applicable.

According to the Eggshell Plaintiff Doctrine, a negligent party is responsible for compensating a victim with a preexisting condition if the condition was stable and if the victim was not anticipating that their condition would worsen had it not been for the accident.

The Eggshell Doctrine essentially protects you from the whims of an insurance company that may attempt to disapprove the relationship between the harm you have sustained from the accident and your existing condition.

However, you have the burden of proof to show the court that the accident in question aggravated your underlying injuries or condition.

Evidence

If you have a preexisting condition, you may pursue compensation for current and expected medical expenses, emotional distress, and physical pain that was aggravated by an accident.

The court will determine your eligibility for compensation based on the strength of the medical evidence you provide showing that the accident indeed worsened your existing injuries or condition.

The primary evidence you will need to present to the court includes past and current medical records.

Past Medical Records

Past medical records prove that indeed you have an existing medical condition or injury. If you are still receiving treatment or taking medication for the condition, be sure to present evidence of your ongoing treatment regimen.

Before forwarding any medical records to the insurance company, get in touch with a personal injury lawyer for advice on the appropriate documents you need to support your case.

Current Medical Records

Gather your most recent medical records following the accident. These will indicate whether the harm you sustained resulted from the accident or from your existing condition.

Damages

If you prove that the accident worsened your condition, the court will require the insurer to compensate you for the monetary and non-monetary damages you may have suffered due to the accident's aggravation of your condition.

Monetary damages may include past and future medical expenses and lost wages. Non-monetary damages may constitute loss of consortium, physical pain, and emotional suffering.

An auto accident can turn your life upside down - more so if are already struggling with a separate injury or medical condition. The defendant's insurer may flat out refuse to compensate you or may offer a low settlement if they determine that you have an underlying medical condition.

Avoid the back and forth with the insurance company and speak to an experienced personal injury attorney instead. At the Law Office of Randolph C. Slone, we can help you get the compensation you deserve. Get in touch with us today for a free initial consultation.

When settling a personal injury claim, people often approach this process with a trifecta in mind - the victim, the insurance company, and the negligent party. Insurance settlements have four key players, with the missing link being the medical provider.

After the accident, a physician is there to help restore your health and give you back a sense of normalcy, but these professionals are also there to validate your claims. Learn how a medical professional impacts your case.

Injury Diagnosis

There are few situations in life more perplexing than settling an injury claim. An accident victim could have broken bones and other evident injuries caused by accident by a negligent driver, but before their claim is processed, the insurance company will require a thorough injury diagnosis.

Without this step, the claim simply does not move forward, and even an incorrect diagnosis can have real consequences. The injury diagnosis is generally the first role of the provider, and the most critical one, as the entire claim, will be structured based on this information. Keep in mind that the accident victim plays a crucial role in this step as well.

Medical technology has advanced, but there are still ailments that a blood test or X-ray can't pick up. During this phase, it is essential that the victim provide as much information to their provider as possible so that they can give the most accurate assessment. No detail is too small to be overlooked; share everything about the way you're feeling.

Commitment to Treatment

Insurance companies want to see progress. Once they're provided with details about your injuries, they start looking ahead towards recovery. As harsh as it may sound, the goal for these companies is to settle claims for as little as possible, and the more your health improves, the easier this goal is.

At the same time, if it's discovered that a victim is not playing an active role in their recovery, the insurance company will use this information against them to lower the value of their claim or have it outright dismissed.

It's critical for victims to remember that medical providers are mandated reporters that follow strict ethical codes, which means they will not provide false information on your behalf. When a victim is not adhering to the prescribed treatment plan, the provider will document this information and submit it to the insurance company.

Whether it's a formal report or a review of the physician's notes, the insurance company will find out how dedicated you are to your own recovery.

Long-Term Prognosis

For many accident victims, long-term complications are the unfortunate reality. Often time, victims are so focused on their current condition that they forget just how significant of an impact their injuries may have on their future.

Injuries that affect a victims' ability to earn a living, raise mobility concerns, or cause permanent damage such as infertility, generally fall into this category. It is the role of the physician overseeing your case to assess your condition and conclude a long-term prognosis, which is critical. Without this information, you run the risk of settling your case below its value.

Instead of receiving compensation for the medical treatments you need today, and in the future, you could be left with a partial payment. A medical provider will assess your condition and testify on your behalf to ensure receive fair compensation.

The theme to remember is that your physician plays an important role, but that you play an equally important supporting role. At the Law Office Of Randy C Slone, we understand the critical roles played, and we use this knowledge to educate and encourage our clients to share as much information with their provider as they can.

3 Reasons to Visit a Doctor Immediately After a Car Accident

In the moment right after a car accident, you know what steps to take and who to call. First, unless a passerby already did so, you call 911. You probably also call a loved one who needs to know about the situation and who can arrive quickly to help you out. Once you've spoken with the officer and the other driver, you should also call your insurance company to let them know about the accident.

But there's another call you need to place as soon as possible after an accident: a call to your doctor's office. Even if you only experienced minor injuries like whiplash, scheduling a doctor's visit right after your accident is a crucial step that can make or break any future personal injury suits you file for compensation.

Keep reading to learn why you should contact a doctor right after an accident and what a doctor's office can do to help prove your future suit in court.

1. Injuries Can Be More Dangerous Than They Appear

In a previous blog, we discussed Natasha Richardson, an actress who experienced a seemingly minor head injury while skiing. However, head injuries are often more dangerous than they seem, and Richardson later died from the traumatic injury to her brain.

Hopefully, your injuries weren't as devastating as Richardson's, especially if you were involved in a minor fender-bender. But you shouldn't trust your own judgment about whether or not you have a head injury after an accident.

If you hit your head on the steering wheel during the collision, for instance, don't assume that your headache is the only souvenir. More intense injuries could be lurking beneath the skin, but only your doctor will be able to identify and treat them in time.

Depending on how severe the accident was, an ambulance may or may not have been present at the scene of the crash. Don't refuse to get checked out by the paramedics, even if you feel fine - always let them look you over so they can detect any injuries you might have overlooked in the shock of the accident.

If the paramedics tell you to visit a doctor in the next few days, do so: failing to follow their instructions will exacerbate your injury and make your quest for compensation much more challenging.

2. Doctors Provide Necessary Paperwork

When you file a personal injury suit, the court needs much more than your word for it that you were seriously injured or disabled and deserve compensation.

Instead, they need as much official documentation as possible to demonstrate that extent of your injuries and verify that you did everything in your power to treat those injuries, including visiting a doctor as quickly as possible after the accident itself. Setting an appointment with your doctor will begin the medical documentation you'll use as evidence in your upcoming court case.

3. Doctors Are a Crucial Part of Your Legal Defense

A doctor who is familiar with your health and treatment plan is an invaluable witness in a personal injury case. The doctor can testify about the extent of your injuries, explain how your injuries will continue to impact your life, and describe the future treatments necessary to improve your quality of life. All of these factors play a crucial role in determining how much you'll eventually receive as fiscal compensation.

While you work closely with your doctor to heal, you likely don't have the skills necessary to examine your doctor in front of the court - and you shouldn't have to assume this task yourself. Instead, let yourself focus on healing while your lawyer handles the heavy lifting of speaking with your doctor, assembling the right documentation, and preparing the doctor to testify.

At the Law Office of Randolph C. Slone, we help clients in Louisiana get the compensation they need to recover after a personal injury. Contact us to schedule your free initial consultation and get more advice on how experts like your doctor will play into your upcoming case.

]]>The Do's and Don'ts of Monitoring a Head Injury After an AccidentThu, 08 Mar 2018 19:38:31 +0000http://www.randolphcsloneslidellla.com/blog/the-do-s-and-don-ts-of-monitoring-a-head-injury-after-an-accident-1
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03.08.2018

The Do's and Don'ts of Monitoring a Head Injury After an Accident

Head injuries should never be underestimated because they can turn lethal in a moment in some situations. Just look at what happened to actress Natasha Richardson. The Parent Trap star was a on a ski vacation with her family when she had what seemed like a minor fall on a beginner's ski slope. She joked about the fall and showed no sign of a traumatic injury.

However, things quickly turned dire for Natasha. Within hours, she wound up in the hospital and passed away. According to Newsweek, her injury triggered delayed massive swelling of the brain. If you receive any kind of head injury, you don't want your family to end up needing a personal injury lawyer for the tragedy. Follow these do's and don'ts for self-care after the injury.

Do Seek Medical Attention Immediately

If you experience any kind of head injury, it should be treated very seriously even if you suspect it's just a bump on the head. Go to the hospital or other medical facility and have an examination. In some cases of suspected traumatic brain injury, the doctor may order a CAT scan to look for indications of grave injuries.

Don't Ignore Symptoms of TBI, Traumatic Brain Injury

Traumatic brain injury is very serious, although things may appear normal at first. After you have a head injury, be sure to monitor for symptoms that may indicate you have a traumatic brain injury. Some of those symptoms include:

Experiencing a loss of consciousness.

Having changes to your vision, such as blurred vision or loss of eye moment.

Losing cognitive abilities.

Responding with inappropriate or extreme emotional responses.

Getting a headache.

Experiencing confusion.

Finding it difficult to swallow.

Losing control of your bladder or bowels.

Since other symptoms include paralysis and going into a coma, you want to take all of these symptoms seriously. Report any of them to your healthcare provider immediately.

Do Keep Records When Possible

Even if you aren't someone who enjoys keeping a diary, try to make notes of everything surrounding the accident that lead to your head injury. If possible, take photos and otherwise document the accident and the subsequent medical problems you experience as a result of the incident.

Not only will that help you look back and get information for your doctor, but it may also be helpful if you decide to pursue a personal injury case against the person or company responsible for your injury. Your personal injury attorney will appreciate that attention to detail that can help your case.

Don't Passively Accept Medical Care

Don't sit back and wait for your doctor to do their best work. Be engaged and learn as much as possible about your condition. That can empower you to take optimal care of yourself. You may also want to ask your doctor questions about how you can tell if your head injury becomes serious and when you may be able to return to sports and other activities you enjoy.

Finally, about 1.7 million traumatic head injury cases occur every year. Be sure to seek help immediately for any sort of head injury or other personal injury. If you or someone you love has been the victim of a head injury from an accident, be sure to contact the Law Office of Randolph C Slone. We are your strongest advocate during a time when you need it.

At the Law Offices of Randolph C. Slone, we pride ourselves in getting the results that our clients deserve, and we can do the same for you. After all, we have triumphed in thousands of settlements, and we offer you a free initial consultation that's stress-free, so reach out to us today for help in getting what you deserve for your settlement or other life situation.

What You Should Know About Car Accident Claims in Louisiana

The immediate aftermath of being injured in a car accident is often chaotic. Many car accident victims find themselves dealing with doctors and claims adjusters from the at-fault driver's insurance company. To add to that, navigating a personal injury claim can be complex due to laws that govern car accidents in Louisiana.

Consulting with a personal injury attorney can ease the stress of filing a car accident claim, and your attorney will represent you and fight for the compensation you deserve. Here's what you should know about the car accident claims process in Louisiana.

Report the Accident

Louisiana law requires that you report any accident to the police when it results in injury, property damage over $500, or death. If you're involved in a car accident, then you should immediately report the accident to the police and your insurance company. The police will take a detailed report of the accident.

Provide as much detail about the accident as possible and stick to the facts. Request a copy of the report for your records. It's a good idea to begin documenting as soon as possible by taking pictures at the scene. If you're taken to the hospital, then ask a friend or family member to take close-up photos of your injuries.

File the Claim

Once you file the claim with the at-fault driver's insurance company, you can expect to be contacted by the claims adjuster. You may receive a letter in the mail informing you that the insurance company intends to investigate your claim. In some instances, the claims adjuster may want to meet with you in person.

It's crucial that you meet with a personal injury attorney before providing any official statements to the claims adjuster so that your attorney has an opportunity to advise you of your rights. The claims adjuster is looking out for the best interest of the insurance company.

Gather Evidence

You'll need to gather evidence to support your claim in terms of the nature and severity of your injuries. You'll also want documentation to support other damages, such as loss of work. Meet with your attorney before signing any medical release forms.

Documents such as medical records, medications, and check stubs will help support your claim, but it's necessary for your lawyer to review this information before releasing it.

Enter Settlement Negotiations

Most car accident claims are settled out of court. However, the initial compensation you're offered may not encompass what your claim is worth. An experienced personal injury attorney knows what your claim is worth and is able to negotiate on your behalf to push for fair compensation for your losses.

You are under no obligation to accept the settlement offer made by the insurance company. Typically, reaching a settlement agreement involves skilled negotiation and knowledge.

The goal of most insurance companies is to protect profits by settling claims for the minimum amount. If you try to negotiate on your own, you may end up accepting a settlement that is much lower than what your case is worth. Research shows that car accident victims who enlist the help of a personal injury attorney receive larger settlements.

Understand the No-Pay, No-Play Law

Louisiana has the second-highest car insurance rates in the United States. To help lower premiums, laws such as the no-pay, no-play statute have been enacted. This means that if you are injured in an accident and do not have insurance, then you are prohibited from collecting the first $15,000 in bodily injury and the first $25,000 in property damage - even if the other driver was at fault.

This law is meant to prevent uninsured drivers from being compensated if they're in an accident. There are a few exceptions to the no-pay, no-play law. An attorney will need to review your case to determine if this statute applies to your case.

Being injured in a car accident is a stressful event. Contact the Law Office of Randy C. Slone to schedule a free consultation.

Navigating a Truck Accident Claim on Your Own

Getting into an accident with a tractor trailer truck can have devastating consequences. These accidents can result in significant property damages, serious injury or even death. If the accident was the fault of the truck driver, you have the opportunity to bring a claim against the driver, and possibly the company for which the driver works.

To get paid for your damages, you are going to have to make a claim with the driver's insurance company. You can navigate this on your own without legal representation, but it will not be easy.

There are many factors that go into getting a settlement that is significant enough to compensate for your experience. The following information should be considered if you plan to take on the insurance company by yourself.

Working with an Insurance Company

After an accident with a tractor trailer truck, you will need to file a claim with the insurer of the truck as soon as you are able to do so. You will need as much evidence to support your claim as you can get. This evidence includes the police report and all of your medical records for the insurance adjuster to review.

You must keep in mind that the job of an insurance company is to make as much money as possible. To do this, they attempt to pay a little as possible for claims, no matter what.

In order to get the most money for your insurance claim, you need to know the procedures for making an insurance claim. You do not have to take the first settlement offer that is provided to you. You will need to understand how to counteroffer and negotiate in order to get the best settlement for your case.

Going to Court

If you and the truck driver's insurer are not able to make a settlement deal that will sufficiently compensate you for your losses, you may need to go to court. You can forgo legal assistance when going to court if you choose to do so.

Representing yourself is an inexpensive option if you do not want to spend money on legal fees. If you do this, you will be required to follow the procedures of the court, which include the preparation of legal documents just as an attorney would.

Depending on the judge, you may be allowed to make a mistake or two and the court may give you an opportunity to make changes. However, do not count on that exception. If you do not comply with all the rules and provide all the necessary documentation, you claim could be dismissed, meaning you will receive no compensation for your accident.

Hiring an Attorney for Your Trucking Accident

If at any point you don't feel confident in handling your settlement on your own, you have the option to hire an attorney. Many people are hesitant to get a lawyer's help because of the cost of legal assistance.

However, an attorney will usually be able to get you significantly more money than you would have been able to get on your own. Many attorneys that deal with trucking accidents will work on a contingency fee. This means that your attorney will not be paid unless you get a settlement.

Having an attorney can be a lucrative benefit in the long run. Not only will he or she be able to negotiate with the insurance company and prevent the possibility of going to court, but your attorney will take care of all other aspects of your expenses.

If you need assistance with your personal injury claim, please contact the Law Office of Randolph C Slone.

]]>What to Do if a Dog Bites You in LouisianaFri, 08 Sep 2017 23:39:28 +0000http://www.randolphcsloneslidellla.com/blog/what-to-do-if-a-dog-bites-you-in-louisiana
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09.08.2017

What to Do if a Dog Bites You in Louisiana

In the United States, over 4.5 million people are bitten by dogs every year. The majority of victims are children, with the next largest categories of victims being senior citizens and adult males. Unfortunately, all victims can be devastated by the results of a dog bite injury.An animal's owner is responsible for damage and bites caused by the animal in many cases. It must be true that the owner of the animal has not exercised reasonable care in order to collect damages. Louisiana has a strict liability law, but this does not mean that you can afford to go to court without a knowledgeable attorney.

If you are the victim of a personal injury caused by a dog, it is vital that you take these steps. They may be the key to helping you win your court case.

Receive Contact Information

At the scene of the incident, it is important that you ask for information from witnesses. Collect names, phone numbers and other contact information you can give to your personal injury attorney. They may be called to court to give their version of the story.You also need to collect information about the dog and its owners. You may collect insurance information in addition to the name of the owner and address of the dog's residence.

Keep Medical Records

It is vital that you keep records of any injuries incurred from the dog bite. This includes anything ranging from bruises from falling on the floor to the actual dog bites. Take photos and maintain all information from your medical care.

It is also important that you have evidence of all the finances linked to the dog bites. You are going to be asked to provide support for the damages you have suffered because of the dog.

Take Pictures

You must take photos of the scene where you were bitten to support your story. It helps to provide visuals so that everybody can understand what occurred at the scene. Provide a broad view of the entire area, even if you must come back after the fact to take them.

Take Notes About the Event

When you recall details about the event itself, make sure to write them down. Collect as much information so that you have a solid recollection that is consistent. You need to be thorough and provide as much information as you can.

You may also be able to collect statements from the witnesses, but your lawyer will be able to tell you whether or not this will be helpful in your case.

Contact a Personal Injury Attorney

One of the best ways to protect yourself in the case of a dog attack is to get in touch with a personal injury attorney immediately. In Louisiana, you have just one year from the incident to file a lawsuit. Otherwise, you lose all chances of recovering damages.

Part of your personal injury attorney's job will be to demonstrate that the owner could have done more to prevent the dog attack. You need to demonstrate that the owner is negligent or behaved in a way that would not be conducive to preventing the dog bite.

It is not helpful to go to court without a lawyer. Injuries can be devastating, and it is essential that you are protected in the courtroom. Legal experts can help you determine if you have a strong case.

]]>The Do's and Don'ts of Monitoring a Head Injury After an AccidentMon, 26 Jun 2017 17:45:47 +0000http://www.randolphcsloneslidellla.com/blog/the-do-s-and-don-ts-of-monitoring-a-head-injury-after-an-accident
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06.26.2017

The Do's and Don'ts of Monitoring a Head Injury After an Accident

Head injuries should never be underestimated because they can turn lethal in a moment in some situations. Just look at what happened to actress Natasha Richardson. The star was a on a ski vacation with her family when she had what seemed like a minor fall on a beginner's ski slope. She joked about the fall and showed no sign of a traumatic injury.

However, things quickly turned dire for Richardson. Within hours, she wound up in the hospital and passed away. According to Newsweek, her injury triggered delayed massive swelling of the brain. If you receive any kind of head injury, you don't want your family to end up needing a personal injury lawyer for the tragedy. Follow these do's and don'ts for self-care after the injury.

Do Seek Medical Attention Immediately

If you experience any kind of head injury, you should take it very seriously, even if you suspect it's just a bump on the head. Go to a hospital or other medical facility and have an examination. In some cases of suspected traumatic brain injury, the doctor may order a CAT scan to look for indications of grave injuries.

Don't Ignore Symptoms of Traumatic Brain Injury

Traumatic brain injury (TBI) is very serious, although things may appear normal at first. After a head injury, be sure to monitor for symptoms that may indicate you have a traumatic brain injury. Some of those symptoms include:

Experiencing a loss of consciousness

Having changes to your vision, such as blurred vision or loss of eye moment

Losing cognitive abilities

Responding with inappropriate or extreme emotional responses

Getting a headache

Experiencing confusion

Finding it difficult to swallow

Losing control of your bladder or bowels

Since other symptoms include paralysis and going into a coma, you want to take all of these symptoms seriously. Report any of them to your healthcare provider immediately.

Do Keep Records When Possible

Even if you aren't someone who enjoys keeping a diary, try to make notes of everything surrounding the accident that lead to your head injury. If possible, take photos and otherwise document the accident and the subsequent medical problems you experience as a result of the incident.

Not only will that help you look back and get information for your doctor, but it may also be helpful if you decide to pursue a personal injury case against the person or company responsible for your injury. Your personal injury attorney will appreciate that attention to detail that can help your case.

Don’t Passively Accept Medical Care

Don't sit back and wait for your doctor to do their best work. Be engaged and learn as much as possible about your condition. That can empower you to take optimal care of yourself. You may also want to ask your doctor questions about how you can tell if your head injury becomes serious and when you may be able to return to sports and other activities you enjoy.

About 1.7 million traumatic head injury cases occur every year. Be sure to seek help immediately for any sort of head injury or other personal injury. If you or someone you love has been the victim of a head injury from an accident, be sure to contact the Law Office of Randolph C Slone. We are your strongest advocate during a time when you need it.

At the Law Office of Randolph C. Slone, we pride ourselves on getting the results that our clients deserve, and we can do the same for you. After all, we have triumphed in thousands of settlements, and we offer you a free initial consultation that's stress-free, so reach out to us today for help in getting the settlement you deserve.